Emerson Mead’s trial had been
in progress nearly two weeks, but most of the time
had been exhausted in impaneling a jury. Almost
the entire male population of Las Plumas had filed
between the opposing lawyers and, for one reason or
another, had been excused. At last a jury had
been chosen, not because its members were satisfactory
to either side, but because both sides had exhausted
their peremptory challenges and neither could find
further objection which the judge would allow.
Thomson Tuttle arrived soon after
Nick Ellhorn’s departure, and was alternately
puzzled and indignant over his absence. He felt
sure that Nick had gone away on some expedition of
importance and probably of danger. He was puzzled
to think what it could possibly be, and indignant
that Nick had thus risked himself without the aid and
protection of his best friend.
“It was plumb ridiculous for
him to go off alone like that,” he complained
to Judge Harlin. “He knew I’d be along
in a day or two, and here he goes flirtin’ the
gravel off the road all alone as if I was some didn’t-know-it-was-loaded
kind of a fool who couldn’t handle a gun!
He’ll sure get into some kind of trouble if I’m
not with him!”
Interest in the trial was universal
and intense, and during the sessions of the court,
especially after the taking of testimony began, the
streets of the town were well nigh deserted, while
a large part of the population crowded the court room,
swarmed in the corridors, and filled the windows.
Those who could not get into the court-house gathered
in groups on the outside and discussed the news and
the rumors, which came in plentiful supply from its
doors.
The prosecution had put on several
witnesses, employees of the Fillmore Cattle Company,
who had sworn to the ill-feeling between Mead and
young Whittaker, and one who had been a witness of
the quarrel between them, just previous to Whittaker’s
disappearance, when Mead had threatened the young
man’s life. Then Colonel Whittaker took
the stand. It was rumored that after him would
be given the testimony of an eye-witness of the murder,
and an even larger crowd than usual sought the court-house
that afternoon. Two score of women sat comfortably
in a space fitted with chairs at one end of the judge’s
desk. But the body of the room was jammed with
a standing crowd of men, both Mexicans and Americans.
Late comers crowded the corridor, and those who could
get them mounted chairs outside the door. Inside
the room a row of men swung their heels from each window
seat, while outside another row stood on the ledges
and looked over their heads.
Colonel Whittaker told the story of
how his son had set out from the ranch to come to
town and had never been seen alive again. He declared
that the young man had no enemies except the prisoner
and that there was no possible explanation of his
disappearance except that he had been murdered.
Then he told of the work of the searching party which
he had taken to the White Sands, and of the body which
they had found. He had identified this corpse
as the body of his son, and on the sketched outline
of a man’s back he located the position of the
three bullet holes by which the young man had come
to his death. The shirt, with the initials worked
in the collar, the ring, scarfpin, memorandum book
and envelopes that had been taken from the body were
placed before him and he identified them all as having
belonged to his son. The crowded court room was
still, with the silence of tense expectancy.
Every neck was craned and every eye was fixed on these
articles as one by one they were held up before him
and then passed on to the judge’s desk.
A slight disturbance at the door,
as of people unwillingly moving back, fell upon the
strained hush. Some one was forcing his way through
the crowd. The witness leaned back in his chair,
waiting for another question, and the lawyers consulted
together for a moment. Then the prosecuting attorney
asked the witness if he had positively identified
the body as that of his missing son, William Whittaker.
“I did, sir,” replied
Colonel Whittaker. As the words left his lips
his gaze fell past the attorney upon two men who had
just struggled out of the crowd and into the free
railed space in front of the judge’s desk.
His jaw fell, his pale face turned an ashen gray, his
eyes opened wide, and, with trembling hands upon the
arms of his chair, he unconsciously lifted himself
to his feet. The lawyers, the judge, and the
jury followed his gaze. Some sprang to their feet
and some fell back in their chairs, their mouths open,
but dumb with amazement. All over the court room
there was a shuffling of feet and a craning of necks,
and a buzzing whisper went back from the foremost
ranks.
Nick Ellhorn was there, tall and slender
and smiling, with a happy, triumphant look overspreading
his handsome face. By his side was a young man,
dark-skinned, black-haired and black-mustached, who
looked ashamed and self-conscious. Ellhorn tucked
one hand into his arm and urged him to a quicker pace.
Nick’s eye sought Emerson Mead and as Mead’s
glance flashed from the stranger’s face to his,
Nick’s lid dropped in a significant wink.
Mead leaned back in his chair, a look of amused triumph
on his face, as he watched the scene before him and
waited for it to come to its conclusion.
Slowly Colonel Whittaker stepped forward,
trembling, with a look upon his face that was almost
fear. The crowd was pushing and pressing toward
the center of interest, and everywhere wide eyes looked
out from amazed, incredulous faces. Nick Ellhorn
and his companion slowly edged their way between the
tables and chairs, the young man advancing reluctantly,
with downcast face, until they stood in front of Colonel
Whittaker. Then he looked up, and exclaimed in
a choking voice:
“Father! I am not dead!”